Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Institutional arrangements and miscellaneous provisions - Institutional arrangements - AML/CFT supervisors

133: Matters relating to conduct of on-site inspections

You could also call this:

"What to expect when officials visit to check on a business"

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

You can expect an AML/CFT supervisor to visit a place where a reporting entity operates at a reasonable time. They will do this to conduct an on-site inspection of the reporting entity. The supervisor can ask employees questions about the entity's records and documents. You have the right to not answer a question if it might get you in trouble. Before you are asked a question, you must be told about this right. The supervisor cannot make you disclose private conversations, as defined in section 42. The supervisor can look at the reporting entity's place of operation, but not a dwellinghouse or a marae. They can stay there for as long as they need to finish the inspection. You should be aware of your rights during an inspection.

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Part 4Institutional arrangements and miscellaneous provisions
Institutional arrangements: AML/CFT supervisors

133Matters relating to conduct of on-site inspections

  1. An AML/CFT supervisor may, at any reasonable time, enter and remain at any place (other than a dwellinghouse or a marae) for the purpose of conducting an on-site inspection of a reporting entity.

  2. During an inspection, an AML/CFT supervisor may require any employee, officer, or agent of the reporting entity to answer questions relating to its records and documents and to provide any other information that the AML/CFT supervisor may reasonably require for the purpose of the inspection.

  3. A person is not required to answer a question asked by an AML/CFT supervisor under this section if the answer would or could incriminate the person.

  4. Before an AML/CFT supervisor requires a person to answer a question, the person must be informed of the right specified in subsection (3).

  5. Nothing in this section requires any person to disclose any privileged communication (as defined in section 42).

Notes
  • Section 133(5): amended, on , by section 48 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).