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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

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

75: Restriction on use of evidence given in civil penalty proceedings

You could also call this:

"Evidence given in a civil money laundering case can't be used against you in a criminal case."

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

You give evidence in a civil case about money laundering. This evidence cannot be used against you in a criminal case if it is about the same thing. You must have already given this evidence in the civil case. You can still be charged with a crime if you lied in the civil case. This rule does not protect you if you gave false evidence. It only protects you from having your own words used against you in a criminal case for the same actions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140944.

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

75Restriction on use of evidence given in civil penalty proceedings

  1. Evidence of information given, or evidence of production of documents, by a person is not admissible in criminal proceedings against the person for an offence under this Part or any other enactment if—

  2. the person previously gave the evidence or produced the documents in civil penalty proceedings under this Part against him or her, whether or not a civil penalty was imposed; and
    1. the proceedings for the civil penalty related to conduct that was the same or substantially the same as the conduct constituting the offence.

      1. This section does not apply to criminal proceedings in respect of the falsity of the evidence given by the person in the proceedings for the civil penalty.