Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - General provisions relating to Part - Relationship between civil penalty and criminal proceedings

73: Relationship between concurrent civil penalty proceedings and criminal proceedings

You could also call this:

"What happens if you face criminal and civil charges for the same thing at the same time?"

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

You can face criminal charges for something you did, even if you are already facing a civil penalty for the same thing. You can face criminal and civil penalty proceedings at the same time or one after the other. If you are facing criminal charges, the civil penalty proceedings will be put on hold. You can ask to restart the civil penalty proceedings after the criminal charges are finished. This can happen if the criminal charges are completed or withdrawn. You need to apply to have the civil penalty proceedings restarted. The criminal and civil penalty proceedings are related to the same actions you took. They can be for the same or very similar conduct. This means you can face both criminal and civil penalty proceedings for doing the same thing.

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This page was last updated on 4 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140942.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal lawMoney and consumer rights > Consumer protection

72: When and how civil penalty proceedings brought, or

"How to take someone to court for not following the money laundering rules"

74: One penalty only rule, or

"You can't be penalised twice for the same mistake"

Part 3Enforcement
General provisions relating to Part: Relationship between civil penalty and criminal proceedings

73Relationship between concurrent civil penalty proceedings and criminal proceedings

Criminal proceedings for an offence under this Part may be commenced against a person in relation to particular conduct whether or not proceedings for a civil penalty under this Part have been commenced against the person in relation to the same or substantially the same conduct.
Proceedings under this Part for a civil penalty against a person in relation to particular conduct are stayed if criminal proceedings against the person are or have been commenced for an offence under this Part in relation to the same or substantially the same conduct.
After the criminal proceedings referred to in subsection (2) have been completed or withdrawn, a person may apply to have the stay lifted on the civil penalty proceedings referred to in that subsection.