Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Enforceable undertakings

82: Enforcement of undertakings

You could also call this:

"What happens if you break a promise to follow the rules"

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

You give an undertaking under section 81. If the AML/CFT supervisor thinks you break one or more of its terms, they can ask the court for an order. The court looks at what happened and decides if you broke the undertaking. If you did, the court can make orders against you. You might have to follow the terms of the undertaking. You might have to pay the AML/CFT supervisor for any financial benefit you got from breaking the undertaking. You might have to compensate someone else who was hurt by what you did. The court can make these orders if it is satisfied you broke the undertaking. This is how the court enforces undertakings given under section 81. You can read more about this in section 81 by following the link to section 81.

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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=DLM2140957.

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rules

81: Enforceable undertakings, or

"A written promise to follow the law and stop money laundering"

83: Assessment of compensation for breach of undertakings, or

"What happens if you break a promise and someone loses money?"

Part 3Enforcement
Civil liability: Enforceable undertakings

82Enforcement of undertakings

If the relevant AML/CFT supervisor considers that a person who gave an undertaking under section 81 has breached 1 or more of its terms, the relevant AML/CFT supervisor may apply to the court for an order under subsection (2).
If the court is satisfied that the person has breached 1 or more of the terms of the undertaking, the court may make any or all of the following orders:
an order directing the person to comply with any of the terms of the undertaking:
an order directing the person to pay to the AML/CFT supervisor an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:
any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach.