Anti-Money Laundering and Countering Financing of Terrorism Act 2009

AML/CFT requirements and compliance - Suspicious activity reports

47: Disclosure of information in proceedings

You could also call this:

"Sharing secret information in court is only allowed if it's necessary for justice"

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

You cannot share information from a suspicious activity report in court unless the Judge thinks it is necessary for justice. The Judge decides if the information should be shared. You can share information if it is needed to prosecute certain offences. You are allowed to share information for prosecution under sections like section 93 or 94. This is because these sections are about specific crimes. The rules about sharing information are important for fairness in court. When a court case happens, the Judge looks at the information and decides what to do. The Judge considers what is fair and just. You must follow the Judge's decision about sharing information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140901.


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Part 2AML/CFT requirements and compliance
Suspicious activity reports

47Disclosure of information in proceedings

  1. No person may disclose, in any judicial proceeding (within the meaning of section 108(4) of the Crimes Act 1961), any information contained in a suspicious activity report unless the Judge or, as the case requires, the person presiding at the proceeding is satisfied that the disclosure of the information is necessary in the interests of justice.

  2. Nothing in this section prohibits the disclosure of any information for the purposes of the prosecution of any offence against section 93 or 94.

Notes
  • Section 47: replaced, on , by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).