Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Institutional arrangements and miscellaneous provisions - Institutional arrangements - Financial intelligence functions of Commissioner

144: Delegation of powers of Commissioner

You could also call this:

"The Commissioner can share some of their powers with a senior police officer."

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

The Commissioner can give some of their powers to a senior police officer. You need to know that the Commissioner can do this in writing, and it can be for a specific task or a general power. The senior police officer must be at least an inspector or an equally senior police employee. The senior police officer must tell the Commissioner in writing what they did with the power within five days. They have to explain the circumstances of using the power. This is so the Commissioner knows what is happening. If a senior police officer uses a power, they are assumed to be doing it correctly. You can ask them to show proof of their authority if you need to. The Commissioner can take back the powers they gave to the senior police officer at any time. This does not stop the Commissioner from using their own powers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2141049.


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Part 4Institutional arrangements and miscellaneous provisions
Institutional arrangements: Financial intelligence functions of Commissioner

144Delegation of powers of Commissioner

  1. The Commissioner may from time to time in writing, either generally or particularly, delegate to a constable of a level of position not less than inspector or an equally senior or more senior Police employee the Commissioner's powers under section 143(1)(a).

  2. Where any constable or Police employee exercises any power conferred under subsection (1), that constable or Police employee must, within 5 days after the day on which the constable or Police employee exercises the power, give the Commissioner a written report on the exercise of that power and the circumstances in which it was exercised.

  3. A constable or Police employee who purports to perform a power under a delegation—

  4. is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
    1. must produce evidence of his or her authority to do so, if reasonably requested to do so.
      1. Every delegation under this section is revocable at will and does not prevent the exercise of any power by the Commissioner.

      Notes
      • Section 144(1): amended, on , by section 55 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
      • Section 144(2): amended, on , by section 14 of the Statutes Amendment Act 2022 (2022 No 75).
      • Section 144(3): amended, on , by section 14 of the Statutes Amendment Act 2022 (2022 No 75).