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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

AML/CFT requirements and compliance - Suspicious activity reports

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

You could also call this:

"Protection for telling police about money laundering"

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

You are protected if you tell the police about money laundering. This happens if you do something that might be against the law, but you think it is the right thing to do. You must tell the police in good faith, meaning you genuinely want to help. You are still protected if you normally have to keep this information secret. Telling the police does not mean you have broken any rules about keeping secrets. This is because you are helping the police with their job, and that is more important than keeping the secret. You can read more about this in section 243(2) or (3) and section 244 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140898.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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44: Protection of persons reporting suspicious activities, or

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46: Disclosure of information relating to suspicious activity reports, or

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Part 2AML/CFT requirements and compliance
Suspicious activity reports

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

  1. This section applies if—

  2. a person does any act that would constitute, or that the person believes would constitute, an offence against section 243(2) or (3) of the Crimes Act 1961; and
    1. in respect of the doing of that act, that person would have, by virtue of section 244 of the Crimes Act 1961, a defence to a charge under section 243(2) or (3) of that Act; and
      1. that person discloses to any Police employee any information relating to a money laundering transaction (within the meaning of section 243(4) of the Crimes Act 1961), being a money laundering transaction that constitutes (in whole or in part), or is connected with or related to, the act referred to in paragraph (a); and
        1. that information is so disclosed, in good faith, for the purpose of, or in connection with, the enforcement or intended enforcement of any enactment or provision referred to in section 244(a) of the Crimes Act 1961; and
          1. that person is otherwise under any obligation (whether arising by virtue of any enactment or any rule of law or any other instrument) to maintain secrecy in relation to, or not to disclose, that information.

            1. If this section applies, then, without limiting section 44 and despite the fact that the disclosure would otherwise constitute a breach of that obligation of secrecy or non-disclosure, the disclosure by that person, to that Police employee, of that information is not a breach of that obligation of secrecy or non-disclosure or (where applicable) of any enactment by which that obligation is imposed.

            Notes
            • Section 45: replaced, on , by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).