Part 4Institutional arrangements and miscellaneous provisions
Institutional arrangements: Financial intelligence functions of Commissioner
142Financial intelligence functions of Commissioner
The financial intelligence functions of the Commissioner are to—
- receive suspicious activity reports:
- produce guidance material, including—
- typologies of money laundering and financing of terrorism transactions:
- information for reporting entities on their obligations to report suspicious activities and prescribed transactions, and how to meet those obligations:
- typologies of money laundering and financing of terrorism transactions:
- provide feedback to reporting entities on the quality and timeliness of their suspicious activity reporting:
- enforce requirements to provide suspicious activity reports:
- analyse suspicious activity reports to assess whether any should be referred to investigative branches of the New Zealand Police and to other law enforcement agencies for criminal investigation:
- access, directly or indirectly, on a timely basis the financial, administrative, and law enforcement information that the Commissioner requires to properly undertake his or her financial intelligence functions, including the analysis of suspicious activity reports and prescribed transaction reports:
- refer to investigative branches of the New Zealand Police and to other law enforcement agencies any suspicious activity reports and prescribed transaction reports that, in the view of the Commissioner, indicate grounds for criminal investigation:
- refer suspicious activity reports and prescribed transaction reports and feedback provided to reporting entities on any suspicious activity reports and prescribed transaction reports to AML/CFT supervisors:
- receive, analyse, and (if appropriate) refer to law enforcement agencies any cash reports:
- receive, analyse, and (if appropriate) refer to law enforcement agencies any suspicious property reports:
- receive, analyse, and (if appropriate) refer to investigative branches of the New Zealand Police and to other law enforcement agencies, any prescribed transaction reports:
- produce risk assessments relating to money laundering offences and the financing of terrorism to be used by the Ministry, the Ministry of Justice, AML/CFT supervisors, and the New Zealand Customs Service:
- receive and analyse financial intelligence relating to law enforcement purposes from international authorities authorised to perform functions broadly equivalent to the Commissioner’s financial intelligence functions:
- co-operate with the Secretary of Foreign Affairs and Trade to implement and enforce the Russia Sanctions Act 2022:
- co-operate with the Ministry, the Ministry of Justice, AML/CFT supervisors, the New Zealand Customs Service, regulators, and any other relevant agencies to help ensure the effective implementation of the requirements under this Act and regulations.
Notes
- Section 142(a): amended, on , by section 53(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(b)(ii): replaced, on , by section 53(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(c): amended, on , by section 53(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(d): amended, on , by section 53(4) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(e): amended, on , by section 53(5) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(f): amended, on , by section 53(6) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(f): amended, on , by section 22(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
- Section 142(g): amended, on , by section 53(7) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(g): amended, on , by section 22(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
- Section 142(h): amended, on , by section 53(8) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(h): amended, on , by section 22(4) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
- Section 142(ja): inserted, on , by section 22(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
- Section 142(ka): inserted, on , by section 53(9) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
- Section 142(kb): inserted, on , by section 33(4) of the Russia Sanctions Act 2022 (2022 No 6).
- Section 142(l): amended, on , by section 53(10) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).


