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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

AML/CFT requirements and compliance - Suspicious activity reports

44: Protection of persons reporting suspicious activities

You could also call this:

"You are safe to report suspicious activities without getting in trouble."

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

You are protected if you report suspicious activities. If you give information about something suspicious, you cannot be sued or punished for giving that information. This protection applies whether you give the information when you make the report or later on. You are also protected if you tell a Police employee about something suspicious under section 43. You cannot be sued or punished for giving that information to the Police. This means you are safe to report suspicious things without worrying about getting in trouble. But you are not protected if you give false information on purpose or if you are a lawyer and you give information that you should keep secret. Also, this protection does not apply if you break the law in some other way, like under sections 92 to 97.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140897.

Topics:
Crime and justice > Police and safety
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"Auditors can report suspicious activities to help stop money laundering and crime."

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45: Immunity from liability for disclosure of information relating to money laundering transactions, or

"Protection for telling police about money laundering"

Part 2AML/CFT requirements and compliance
Suspicious activity reports

44Protection of persons reporting suspicious activities

  1. Subsection (2) applies to a person who—

  2. discloses or supplies any information in any suspicious activity report; or
    1. supplies any information in connection with any suspicious activity report, whether at the time the report is made or afterwards.

      1. No civil, criminal, or disciplinary proceedings lie against a person to whom subsection (1) applies—

      2. in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person of the information referred to in that subsection; or
        1. for any consequences that follow from the disclosure or supply of that information.

          1. If any information is reported under section 43 to any Police employee by any person, no civil, criminal, or disciplinary proceedings lie against that person—

          2. in respect of the disclosure or supply, or the manner of the disclosure or supply, of that information by that person; or
            1. for any consequences that follow from the disclosure or supply of that information.

              1. However, subsections (2) and (3) do not apply—

              2. if the information was disclosed or supplied in bad faith; or
                1. if, in the case of information disclosed or supplied by a lawyer, there were reasonable grounds to believe that the information was a privileged communication but the lawyer disclosed it or supplied it despite the existence of those grounds.

                  1. Nothing in this section applies in respect of proceedings for an offence under any of sections 92 to 97.

                  Notes
                  • Section 44: replaced, on , by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).