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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

AML/CFT requirements and compliance - Suspicious activity reports

46: Disclosure of information relating to suspicious activity reports

You could also call this:

"Who can be told about suspicious activities that might be illegal?"

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

When you work with a company that has to follow anti-money laundering rules, you need to know about suspicious activity reports. These reports are about things that might be illegal. You can find more information in section 47. If you are given information about a suspicious activity report, you must be careful who you tell. You can tell a Police employee who is allowed to know, or your supervisor who checks if your company is following the rules. You can also tell a lawyer if you need advice, or someone in your company who needs to know to do their job. A Police employee can only tell others about a suspicious activity report if it is for a law enforcement reason. Your supervisor can only tell the Police about a suspicious activity report if it is for a law enforcement reason. If someone has been given a job to do under section 134, they can only tell your supervisor about a suspicious activity report. If you are told something about a suspicious activity report, you must not tell others unless it is to someone who needs to know to do their job. You can also tell a lawyer if you need advice. If a lawyer is told something about a suspicious activity report, they can only tell another lawyer if they need to give advice. If someone else is told something about a suspicious activity report, they can only tell the Police if it is for a law enforcement reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140899.

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Part 2AML/CFT requirements and compliance
Suspicious activity reports

46Disclosure of information relating to suspicious activity reports

  1. This section and section 47 apply in respect of the following information:

  2. any suspicious activity report:
    1. any information the disclosure of which will identify, or is reasonably likely to identify, any person—
      1. as a person who, in his or her capacity as an officer or employee of a reporting entity, has handled a transaction in respect of which a suspicious activity report was made; or
        1. as a person who has prepared a suspicious activity report; or
          1. as a person who has made a suspicious activity report:
          2. any information that discloses, or is reasonably likely to disclose, the existence of a suspicious activity report.

            1. A reporting entity must not disclose information to which this section relates to any person except—

            2. a Police employee who is authorised by the Commissioner to receive the information; or
              1. the reporting entity’s AML/CFT supervisor; or
                1. an officer or employee of the reporting entity, for any purpose connected with the performance of that person's duties; or
                  1. a lawyer, for the purpose of obtaining legal advice or representation in relation to the matter; or
                    1. another member of a designated business group of which the reporting entity is a member, to the extent necessary for the reporting entity to decide whether to make a suspicious activity report.

                      1. A Police employee may disclose information to which this section applies only for law enforcement purposes.

                      2. An AML/CFT supervisor may disclose information to which this section applies only to the Police for law enforcement purposes.

                      3. A person to whom a function or power has been delegated under section 134 may disclose information to which this section applies only to the AML/CFT supervisor that made the delegation.

                      4. A person (person A) referred to in subsection (2)(c) to whom disclosure of any information to which that subsection applies has been made must not disclose that information except to another person of the kind referred to in that subsection for the purpose of—

                      5. the performance of person A's duties; or
                        1. obtaining legal advice or representation in relation to the matter.

                          1. A person referred to in subsection (2)(d) to whom disclosure of any information to which that subsection applies has been made must not disclose that information except to a person of the kind referred to in that subsection for the purpose of giving legal advice or making representations in relation to the matter.

                          2. Any other person who has information to which this section applies may disclose that information only to the Police for law enforcement purposes.

                          Notes
                          • Section 46: replaced, on , by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).