Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Institutional arrangements and miscellaneous provisions - Institutional arrangements - Use and disclosure of information

139: Power to disclose information

You could also call this:

"Sharing information to help enforce the law"

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

You can share information with government agencies or regulators for law enforcement purposes. The Commissioner, Customs, or a supervisor can share information if they think the agency or regulator needs it. You can find more information about this in regulations made under section 139A. You can also share information between agencies, regulators, or supervisors for law enforcement purposes. This is allowed under regulations made under section 139A. Nothing in this section limits the Privacy Act 2020. This means you can still follow the rules in the Privacy Act 2020 when sharing information. The rules in this section do not change the rules in the Privacy Act 2020. You can share information in ways allowed by the Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2141043.


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138: Restriction on power to use information under section 137, or

"Only use information if the person giving it knew why it was needed."


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139A: Regulations relating to information sharing, or

"Rules about sharing information to help stop money laundering and terrorism"

Part 4Institutional arrangements and miscellaneous provisions
Institutional arrangements: Use and disclosure of information

139Power to disclose information

  1. The Commissioner, the New Zealand Customs Service, or an AML/CFT supervisor may disclose any information (that is not personal information) supplied or obtained by it in the exercise of its powers or the performance of its functions and duties under this Act to any government agency or any regulator for law enforcement purposes if it is satisfied that the agency or regulator has a proper interest in receiving such information.

  2. If not authorised under any other provision of this Act, disclosure of any information between a government agency, a regulator, the Commissioner, the New Zealand Customs Service, an AML/CFT supervisor, or reporting entities, or to or from any of those parties, may be made for law enforcement purposes in accordance with regulations made under section 139A.

  3. Nothing in this section limits the Privacy Act 2020 (which permits certain disclosures in addition to those authorised under this section).

Notes
  • Section 139 heading: amended, on , by section 50(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
  • Section 139(1): amended, on , by section 50(2)(a) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
  • Section 139(1): amended, on , by section 50(2)(b) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
  • Section 139(2): inserted, on , by section 50(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
  • Section 139(3): inserted, on , by section 50(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
  • Section 139(3): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).