An Open Letter from Stakeholders, Survivors, and their Advocates
5 October 2023
To the New Zealand Abuse in Care Royal Commission of Inquiry and the New Zealand Attorney-General, The Honourable David Parker:
In Part 1 of our Open Letter, published on 1 October 2023, we stated the following in relation to claims being made by the Christian Congregation of Jehovah’s Witnesses (Australasia) Limited (CCJWA) in its Statement of Claim before the High Court of New Zealand:
“Ongoing Concern: Our ongoing concern is the level of false and misleading information that has been provided to the Commission by the religion of Jehovah’s Witnesses since 2019, and of which information is finding its way into the Applicant’s Statement of Claim and brief in the proceedings before the High Court of New Zealand (CIV-2023-404-525) due to commence on 9 October 2023.”
In Part 2 of our Open Letter we would like to draw your attention to our extensive comments and observations, as published below, in relation to the Amended Statement of Claim filed in the High Court on 11 August 2023 by the Applicant, CCJWA.
We are aware that this filing has again been amended by CCJWA. From our review of the amendments they appear to be primarily in relation to the Applicant’s removal of claims relating to the definition of the term “in care”.
We thank the Government of New Zealand for the legislative amendment of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Amendment Order (No 2) 2023, and the Schedule amendment insert after clause 17.4(b), which states:
“(ba) for the avoidance of doubt, a faith-based institution may assume responsibility for the care of an individual through an informal or pastoral care relationship. An informal or pastoral care relationship includes a trust-based relationship between an individual and a person with power or authority conferred by the faith-based institution, where such a relationship is related to the institution’s work or is enabled by the institution’s conferral of authority or power on the person:”
We note that this amendment Order came into force on 8 September 2023.
Background to the creation of Christian Congregation of Jehovah’s Witnesses (Australasia) Limited
We have in our possession several years of high-level, back-and-forth correspondence between the following entities:
- Governing Body of Jehovah’s Witnesses
- Watch Tower Bible and Tract Society of Pennsylvania
- World Headquarters of Jehovah’s Witnesses
- Watchtower Bible and Tract Society of Australia
- Australian Branch Committee of Jehovah’s Witnesses
and of which correspondence discusses in detail a proposal to set up a legal entity (a company) in Australia for the purpose of covering up child sexual abuse allegations across Australasia.
A key component of the correspondence is the intention to thwart legal attempts to obtain access to child abuse records by shifting the control and ownership of these records to an entity, of which entity is a conduit for the Governing Body of Jehovah’s Witnesses.
In furtherance of this intention, we claim that in April 2019 the Christian Congregation of Jehovah’s Witnesses (Australasia) was incorporated as a company under Australian law. One of the first activities CCJWA engaged in was the issuing of a letter, dated 28 August 2019, to all bodies of elders, in all congregations of Jehovah’s Witnesses in Australia and New Zealand. This letter instructed all elders to destroy certain judicial hearing records and congregation records, which included child abuse records.
This letter stated in part:
“After discussing this letter as a body of elders, we would like the secretary along with the coordinator, or another assigned elder, to review what is currently in the congregation’s confidential file. They should examine the contents of all sealed envelopes in the file to confirm that they contain only the documents mentioned in the Shepherd book, chapter 22, paragraphs 22-23. The assigned elders should adhere to the direction in paragraph 26 when determining if the entire contents of the envelope should be destroyed. If the elders are not sure if a particular document needs to be retained, they should feel free to contact the Service Department for assistance.
Please ensure that all records kept in the file are in harmony with what is outlined in the Shepherd book, chapter 22, and our comments above. Additionally, we ask that each elder check his personal computer, or hard copy files, and even his meeting bag, to ensure that no confidential correspondence is retained outside the congregation’s confidential file. We would like the secretary to confirm with each elder that this has been done.”
DOWNLOAD | CCJWA letter to destroy records – 28 August 2019
What is of concern in relation to the destruction of records is that CCJWA was not the owner of these records. CCJWA was established as a company some four months earlier, had not operated long enough to produce records at a congregational level, and further did not exert authority over congregations.
In a submission, dated 30 October 2020, to the Australian parliamentary Joint Select Committee on Implementation of the National Redress Scheme, CCJWA stated on page 2:
“No separate legal entity in Australia exerts authority over the congregations.”
By there own admission CCJWA exerts no authority over congregations, yet instructs congregations to destroy congregation records.
DOWNLOAD | CCJWA submission to the Joint Select Committee on Redress
Are congregation elders members of CCJWA? No. CCJWA is limited by clause 10.2 of its Constitution to “no fewer than five (5) and no more than twenty (20)” members, including both natural persons and incorporated bodies operating under the direction of the Governing Body of Jehovah’s Witnesses.
DOWNLOAD | Constitution of Christian Congregation of Jehovah’s Witnesses (Australasia)
Shortly after the destruction of records, Mr Terrence O’Brien, of the Australian Branch Committee, contacted the Commission on behalf of CCJWA and informed the Commission that correspondence pertaining to the royal commission inquiry into Jehovah’s Witnesses should be sent to CCJWA.
Statement of Claim – Our Response
We feel that it is important enough to raise, at this point, concerns we have in relation to some of the background events that resulted in the production of CCJWA’s Statement of Claim.
On 2 June 2022, the New Zealand Abuse in Care Royal Commission of Inquiry (the Commission) issued CCJWA a second Notice to Produce dated 31 May 2022.
On 13 June 2022 counsel for CCJWA issued a letter to the Commission voicing concern in relation to Notice to Produce No. 2. The letter also expressed concerns that Notice to Produce No. 2 went well beyond the terms of reference and risked infringing Jehovah’s Witnesses right to freedom of religion (which in any event are questions of law).
We disagree with CCJWA’s opinion in this regard. Our further comments on this matter are contained below under the sub-heading ‘Paragraph 24’ and need to be read in conjunction with our comments under sub-headings ‘Paragraph 1’, ‘Paragraph 2’, and ‘Paragraph 3’.
We emphatically state that there is a permanent relationship of care between the religion of Jehovah’s Witnesses and all children, young persons and vulnerable adults in congregations of Jehovah’s Witnesses in New Zealand. We refer you to the Commission’s letter dated 25 January 2023 as sent to counsel for CCJWA explaining the existence of a care relationship.
We emphatically deny the claim made by CCJWA that there is no relationship of care.
Below we have addressed a select number of paragraphs and provide our comments and observations on these. In compiling this information we have adopted an evidence-based approach, and where applicable documents or links have been provided in support.
Our comments and observations should no be construed as legal advice. They are our ongoing concerns.
Paragraph 1 – CCJWA Statement of Claim
Comments:
CCJWA was never registered with the Australian Business Register as this register is a database.
On 12 April 2019 an application was lodged with the Australian Securities and Investments Commission (ASIC) for registration of Christian Congregation of Jehovah’s Witnesses (Australasia) Limited as an Australian company.
DOWNLOAD | CCJWA Application for Registration as an Australian Company 2019
On 15 April 2019 CCJWA registered the business name “Jehovah’s Witnesses” and commenced trading in Australia, and by extension New Zealand, under the business name “Jehovah’s Witnesses”.
DOWNLOAD | CCJWA Business Name Registration and ABN 2019
CCJWA’s business name “Jehovah’s Witnesses” is not to be confused with the religious name “Jehovah’s Witnesses”. Legally they are not one-and-the-same.
To add further potential confusion, Watchtower Bible and Tract Society of Australia Limited is registered in Australia as trading in Australia under the trading name “Jehovah’s Witnesses” from 31 July 2000 onwards.
DOWNLOAD | Watchtower Australia Trading Name Registration and ABN 2000
And further, International Bible Students Association in Australia and New Zealand (abbreviated to IBSA), adopted the name “Jehovah’s Witnesses” on 26 July 1931 as their ecclesiastical and religious name.
And further, there is a construction entity in Australia called Christian Congregation of Jehovah’s Witnesses (CCJW) that is registered with the Australian Charities and Not-for-profits Commission (ACNC) as a basic religious charity.
DOWNLOAD | Christian Congregation of Jehovah’s Witnesses entity registration details
And finally, to compound the situation even further, there is a charitable association operating in New Zealand called Christian Congregation of Jehovah’s Witnesses (CCJWNZ). This entity recently altered its rules to remove key controlling and oversight references to both the Governing Body of Jehovah’s Witnesses and Watch Tower Bible and Tract Society of Pennsylvania.
DOWNLOAD | Christian Congregation of Jehovah’s Witnesses 2023 alteration to rules
To summarise:
- CCJWA uses the business name “Jehovah’s Witnesses”
- Watchtower Bible and Tract Society of Australia uses the trading name “Jehovah’s Witnesses”
- IBSA uses the religious name “Jehovah’s Witnesses” which is the same religious name used by the Governing Body of Jehovah’s Witnesses
- CCJW trades as “Christian Congregation of Jehovah’s Witnesses”
- CCJWNZ operates as “Christian Congregation of Jehovah’s Witnesses” in New Zealand
- CCJWA operates as “Christian Congregation of Jehovah’s Witnesses (Australasia)” in New Zealand
In addition to the above, rank-and-file members of the religion of Jehovah’s Witnesses also use the name “Jehovah’s Witnesses” to describe themselves both individually and collectively.
The potential for name and entity deflection is very real. When dealing with Jehovah’s Witnesses one needs to understand who is responding to requests for information.
Paragraph 2 – CCJWA Statement of Claim
Comments:
The above statement by CCJWA in paragraph 2 is patently false.
The corporate Constitution of CCJWA clearly states and explains that it operates under the direction of, and acts on behalf of, the ecclesiastical Governing Body of Jehovah’s Witnesses.
Please refer to further comments under the sub-heading “Paragraph 5” below.
Paragraph 3 – CCJWA Statement of Claim
Comments:
Between 1 January 1950 and 31 December 1999 (the time period being the subject of the Inquiry by the Commission) the New Zealand Branch Office was a branch office for the Watch Tower Society – being Watch Tower Bible and Tract Society of Pennsylvania, Inc. (Watch Tower Society).
Between 1977-1999 the New Zealand Branch Office was provided with a Watch Tower Society corporate manual entitled Branch Organization. As an example, this manual, in explaining the legal financial responsibilities of the branch, stated on page 1-2:
DOWNLOAD | Branch Organization Manual (1977 version)
The Awake! magazine, December 22, 1999, as distributed throughout New Zealand by Jehovah’s Witnesses during 1999, clearly identifies that the Watch Tower Society operated the branch office in New Zealand.
Also worth noting is that from 1 January 1950 (the commencement of the time period being the subject of the Inquiry by the Commission) the Watch Tower Society was the governing body of Jehovah’s Witnesses.
The Watchtower magazine, January 1, 1950, on page 10 referred to the “Watch Tower Bible & Tract Society” as “the governing body of Jehovah’s Witnesses”. This statement was again repeated in the August 15, 1950, issue of The Watchtower magazine, where it stated on page 251, par 8:
Paragraph 5 – CCJWA Statement of Claim
Comments:
The above statement by CCJWA in paragraph 5 is patently false.
Paragraphs 2 of CCJWA’s Statement of Claim says that the Australasia Branch Office of Jehovah’s Witnesses is an ‘ecclesiastical’ body. When read in conjunction with paragraph 5, CCJWA is effectively and incorrectly stating that “CCJWA acts as the conduit for the ecclesiastical Australasia Branch Office of Jehovah’s Witnesses.”
The corporate Constitution of CCJWA clearly states and explains that it operates under the direction of, and acts on behalf of, the ecclesiastical Governing Body of Jehovah’s Witnesses.
That CCJWA acts as the conduit for, and on behalf of, the ecclesiastical Governing Body of Jehovah’s Witness is clearly established within the following documents:
- The Constitution of Christian Congregation of Jehovah’s Witnesses (Australasia) Limited. DOWNLOAD | Constitution of Christian Congregation of Jehovah’s Witnesses (Australasia)
- The Branch Organization manual prepared by the Governing Body of Jehovah’s Witnesses and as used by the Australasia Branch Office of Jehovah’s Witnesses. DOWNLOAD | Branch Organization manual (August 2018 version)
- The Jehovah’s Witnesses congregation elder’s manual “Shepherd The Flock Of God” as used by elders in Australia and New Zealand. DOWNLOAD | Elder’s manual “Shepherd The Flock Of God” (April 2022 version)
- The Watchtower magazine of April 15, 2013, see chart on page 29 which clearly shows that ecclesiastical hierarchy within the organization of Jehovah’s Witnesses, and the position branch offices hold, namely they operate through a branch committee under direct control of the Governing Body of Jehovah’s Witnesses. DOWNLOAD | The Watchtower magazine, April 15, 2013 (page 29)
- The Jehovah’s Witnesses official book Organized To Do God’s Will (2017 printing), pages 27 and 28, under the sub-headings The Role of Religious Corporations and Structure of Branch Organization, in addition to previous versions of the book which go into expanded detail explaining that legal entities of Jehovah’s Witnesses are conduits for, and owned by, the Governing Body of Jehovah’s Witnesses through its alter ego the “faithful and discreet slave” (a religious title). DOWNLOAD | Organized To Do God’s Will (2017 printing)
The Constitution of CCJWA, under the sub-heading Charitable purposes and powers, states that it acts on behalf of the ecclesiastical Governing Body of Jehovah’s Witnesses which gives guidance, encouragement, and counsel, and issues directives.
The Objects of CCJWA (Objects 1-12), according to its Constitution, are to be the conduit and administrative channel for the Governing Body of Jehovah’s Witnesses and to give religious direction on their behalf.
The CCJWA’s constitution clearly states that the companies objects are specifically to “promote throughout Australasia the advancement of the Christian religion as understood and taught by the Governing Body” of Jehovah’s Witnesses . . . and that CCJW(A) is the conduit for the spiritual, ecclesiastical, and corporate direction of the Governing Body of Jehovah’s Witnesses and NOT the Branch Committee of the Australasia Branch Office of Jehovah’s Witnesses as claimed – and of which claim if true would place the branch committee members above the governing body of Jehovah’s Witnesses in the hierarchy of the religion, a circumstance which would be demonstrably false.
In summary, CCJWA acts as the conduit for the Governing Body of Jehovah’s Witnesses NOT the Australasia Branch Office.
Paragraphs 11 and 16 – CCJWA Statement of Claim
Comments:
In a letter dated 18 October 2019 CCJWA explained to the New Zealand Abuse in Care Royal Commission of Inquiry that “the religion of Jehovah’s Witnesses has never assumed responsibility for the care of children or vulnerable adults.”
A similar letter was also presented to the Commission by counsel for CCJWA on 25 February 2021.
In the first instance we would like to comment on CCJWA’s claim that “the religion of Jehovah’s Witnesses does not operate institutions that in any way take into care children”.
The above statement by CCJWA in paragraph 16b is patently false.
As one example, we would like the Commission to consider the Jehovah’s Witnesses institutional arrangement for taking children into their care and supervision within the religion’s building and construction program. Children within the Jehovah’s Witnesses institution have, for many decades, been invited to volunteer their time and energy in building and construction works. Further, parents are also encouraged to volunteer out their children.
Below is a screenshot of a typical Volunteer Application form that has from time-to-time been used by the Jehovah’s Witnesses institution. In reading the document it is worth keeping in mind that it is disingenuous for the Jehovah’s Witnesses institution to claim that child volunteer construction workers are not under the control, supervision, or authority of the builder or Person Conducting Business Undertaking (PCBU).
Click here to view larger image
In the second instance we would like to comment on the term “vulnerable adults” in the context of the Jehovah’s Witnesses institution.
We would like to draw to the Commission’s attention the Worldwide Order of Special Full-Time Servants of Jehovah’s Witnesses (religious Order). According to the Jehovah’s Witnesses 2022 statistics: “Worldwide, a total of 21,629 ordained ministers staff the branch facilities. All are members of the Worldwide Order of Special Full-Time Servants of Jehovah’s Witnesses.” This religious Order is obligated to also care for the needs of vulnerable adults who once served at a branch office of Jehovah’s Witnesses. This religious Order operates in New Zealand and has for many years.
The Jehovah’s Witnesses worldwide Branch Organization manual, as used by the Australasia Branch Office of Jehovah’s Witnesses and the members of the Branch Committee, and as is also in use in New Zealand, goes into detail on the responsibilities and requirements of the institution to provide faith-based care to elderly and vulnerable adults of the religious Order. This institutional care is provided internally and is not out-sourced, however there are written instructions in relation to “hiring nurse’s aides to care for” any vulnerable adult in their field assignment.
Chapter 9 – Provisions For Members of the Worldwide Order, page 9-1 (page 211 onwards), of the Branch Organization manual contains information on how to care fore the elderly and vulnerable members of the religious Order.
DOWNLOAD | Branch Organization manual (August 2018 version)
Paragraph 18 – CCJWA Statement of Claim
Comments:
In relation to paragraph 18 (quoting par. 13 of the CCJWA letter dated 1 December 2021): This statement is patently false and misleading. Consider, as just one example, the following advice to both elders and members of the Jehovah’s Witnesses that appears in the book Live With Jehovah’s Day in Mind (20 January 2019 version):
Click here to view larger image
LINK | Online article appearing on JW.ORG
DOWNLOAD | Live With Jehovah’s Day in Mind
In relation to paragraph 18 (quoting par. 14 and 15 of the CCJWA letter dated 1 December 2021): We refer the Commission to our comments under the previous sub-heading, Background to the creation of the Christian Congregation of Jehovah’s Witnesses (Australasia) Limited, and the instructions given by CCJWA to elders in New Zealand to destroy such records and evidence in their letter dated 28 August 2019.
DOWNLOAD | CCJWA letter to destroy records – 28 August 2019
Paragraph 24 – CCJWA Statement of Claim
Comments:
CCJWA is a company subject to the Australian Corporations Act 2001. It is not a religion despite having adopted and registered the business name “Jehovah’s Witnesses”, an action which can create a level of confusion, not just for the Commission but also for CCJWA in trying to answer questions about ‘itself’.
CCJWA’s Constitution in clause 2 states that the “company is a not-for-profit public company limited by guarantee which is established to be, and to continue as, a charity.”
CCJWA is not registered with the Australian Charities and Not-for-profits Commission (ACNC) as a charity.
LINK | ACNC search results for CCJWA
CCJWA does not work with children. CCJWA was not part of the Australian Royal Commission into Institutional Responses to Child Sexual Abuse – Case Study 29 into Jehovah’s Witnesses.
CCJWA is not required by legislation to join the National Redress Scheme for survivors of institutional child sexual abuse.
LINK | National Redress Scheme search results for CCJWA
The charitable purposes and objects of CCJWA, as outlined in its Constitution, while also making reference to the spiritual beliefs and practices of the religion of Jehovah’s Witnesses, states in clause 6.5 that:
Clause 6.5 of CCJWA’s Constitution only refers to natural persons “holding spiritual office” as being subjected to “internal religious law”. The Constitution does not refer to an officer, director, or member of CCJWA being subject to internal religious law. Therefore CCJWA cannot answer questions pertaining to its religious beliefs as it holds none.
As mentioned earlier, but worth repeating in this context, CCJWA is limited by clause 10.2 of its Constitution to “no fewer than five (5) and no more than twenty (20)” members, including both natural persons and incorporated bodies operating under the direction of the Governing Body of Jehovah’s Witnesses.
These natural persons must be male and hold the position of elder in a congregation of Jehovah’s Witnesses.
DOWNLOAD | Constitution of Christian Congregation of Jehovah’s Witnesses (Australasia)
With the above in mind we would like to draw to the attention of the Commission a letter sent by the Commission, dated 19 September 2022, to CCJWA which stated in part:
“CCJWA is a faith-based institution that falls within the Terms of Reference and the questions are designed to ensure the Inquiry understands the Church’s systems and processes to avoid and respond to abuse, in the context of the Church’s overall operation. All questions should be read as containing the implicit qualification that information is sought only in so far as it is relevant to the Terms of Reference.”
Paragraph 25 – CCJWA Statement of Claim
Comments:
On 13 June 2022 counsel for CCJWA issued a letter to the Commission voicing concern in relation to Notice to Produce No. 2.
On this subject we state that there is a permanent relationship of ‘care’ between the religion of Jehovah’s Witnesses, on the one hand, and all children, young persons and vulnerable adults in congregations of Jehovah’s Witnesses.
Paragraph 67 – CCJWA Statement of Claim
Comments:
We disagree with the above claim made by CCJWA.
Conclusion
We believe, based on the evidence available, that the intention of the Christian Congregation of Jehovah’s Witnesses (Australasia) Limited is to deceive and outwit governments, statutory authorities, royal commissions and inquiries, courts and tribunals, the police, the media, and the general public.
We claim that CCJWA is seeking to obtain a judgment by fraud, not by constructive fraud but rather by actual fraud.
We claim that there exists policies and procedures within the Jehovah’s Witnesses institution to both encourage and facilitate such fraud.
We thank you for considering our Open Letter.
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