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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Offences - Offences relating to suspicious activity reports and prescribed transaction reports

92: Failing to report suspicious activity

You could also call this:

"Telling authorities about suspicious activities is required by law."

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

If you are a reporting entity and someone tries to do something through you, you must report it if you think it might be suspicious. You have to tell the Commissioner about it as soon as possible, but no more than 3 working days after you suspect something. This is because the activity might be related to money laundering, the Misuse of Drugs Act 1975, the Terrorism Suppression Act 2002, the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009. If you do not report it, you can get in trouble. But if you think the information is private, you might have a defence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140973.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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"Breaking the rules on purpose can lead to trouble and penalties."

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93: Providing false or misleading information in connection with suspicious activity reports or prescribed transaction reports, or

"Telling lies or hiding truth when reporting suspicious activities"

Part 3Enforcement
Offences: Offences relating to suspicious activity reports and prescribed transaction reports

92Failing to report suspicious activity

  1. A reporting entity commits an offence if—

  2. an activity is conducted or is sought to be conducted through the reporting entity; and
    1. the reporting entity has reasonable grounds to suspect that the activity or the proposed activity is or may be—
      1. relevant to the investigation or prosecution of any person for a money laundering offence; or
        1. relevant to the enforcement of the Misuse of Drugs Act 1975; or
          1. relevant to the enforcement of the Terrorism Suppression Act 2002; or
            1. relevant to the enforcement of the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009; or
              1. relevant to the investigation or prosecution of an offence within the meaning of section 243(1) of the Crimes Act 1961; and
              2. the reporting entity fails to report the activity or the proposed activity to the Commissioner as soon as practicable, but no later than 3 working days, after forming that suspicion.

                1. It is a defence to a prosecution under this section if a reporting entity believes on reasonable grounds that the documents or information relating to the activity were privileged communications.

                Compare
                Notes
                • Section 92 heading: amended, on , by section 35(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                • Section 92(1)(a): amended, on , by section 35(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                • Section 92(1)(b): amended, on , by section 35(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                • Section 92(1)(b)(iv): amended, on , by section 6 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012 (2012 No 98).
                • Section 92(1)(b)(v): amended, on , by section 14 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
                • Section 92(1)(c): amended, on , by section 35(4) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                • Section 92(2): inserted, on , by section 35(5) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).